Napa County Municipal Code Ch. 8.20 Abandoned Vehicles

A. Pursuant to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the board of supervisors of the county make the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property creates a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare of the residents of the county.

B. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4700)

As used in this chapter:

"Abandoned vehicle" means a vehicle or parts thereof that is left on a highway, public property, or private property in such inoperable or neglected condition that the owner's intent to relinquish all further rights or interest in it may be reasonably concluded. In reaching a reasonable conclusion, factors to consider include the amount of time the vehicle has not been moved, its condition, statements from the owner and witnesses.

"Director" means the director of the planning, building, and environmental services department.

"Dismantled vehicle" means any vehicle that is partially or wholly disassembled.

"Highway" means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. "Highway" includes street.

"Inoperative vehicle" means (a) any vehicle that cannot be moved under its own power; or (b) prohibited from being operated on a public street or highway under the provisions of Vehicle Code Section 24002 relating to vehicles in an unsafe condition.

"Owner of the land" or "landowner" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

"Solid six-foot fence" means a solid fence constructed of conventional fence materials such as wood, concrete, brick or other similar solid material and constructed in a manner so as to not pose a safety hazard. Scrap metal, sheet metal, garage doors or similar miscellaneous solid materials shall not be considered approved materials. Fences may be higher than six feet where allowed by the zoning code and are constructed in accordance with applicable building code requirements.

"Vehicle" means an automobile, truck, motorcycle, trailer, and any other device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

"Wrecked vehicle" means any vehicle that is damaged to such an extent that it cannot be operated upon the highway, or a vehicle which meets the criteria of a nonrepairable vehicle or a total loss salvage vehicle, as defined by the California Vehicle Code Sections 431 and 544.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code §§ 4701—4703)

(Ord. No. 1379, § 34, 1-29-2013)

A. This chapter and any order issued under this chapter shall not apply to:

1. A vehicle or parts thereof which is completely enclosed within a building in a lawful manner where it is not visible from the highway or other public or private property; or

2. A vehicle or parts thereof which is completely enclosed behind a solid six-foot fence constructed in a lawful manner and so that the vehicle or parts thereof is not visible from the street or other public or private properties; or

3. A vehicle or parts thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard.

B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under any provision of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code, or this chapter.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4704)

This chapter does not constitute the exclusive means of regulating or abating abandoned, wrecked, dismantled or inoperative vehicles within the unincorporated area of the county. This chapter shall supplement and be in addition to any other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the county, the state, or any other legal entity or agency having jurisdiction over the subject of abandoned, wrecked, dismantled or inoperative vehicles.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4705)

A. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the director. In the enforcement of this chapter, the director and such persons as are designated by the director may enter upon private or public property to examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

B. The director or that person appointed by the director as the hearing officer shall send all notices required by this chapter, collect all fees provided herein, conduct all hearings and perform such other duties as this chapter may require.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4706)

(Ord. No. 1379, § 35, 1-29-2013)

The board of supervisors or the director may contract with or grant a franchise to any person, firm or entity, or more than one thereof, to authorize the same to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. The board of supervisors or the director may likewise authorize such entry and removal by designated county personnel.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4707)

(Ord. No. 1353, § 1, 1-11-2011; Ord. No. 1379, § 36, 1-29-2013)

The director or hearing officer shall assess administrative costs, consisting of staff time at the standard established hourly rate and actual expenses, incurred in carrying out the provisions of this chapter. This amount shall be added to the actual cost incurred for the removal of each abated vehicle.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4708)

(Ord. No. 1379, § 37, 1-29-2013)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the county, the director or the director's designee shall have the authority to cause the abatement or removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4709)

(Ord. No. 1379, § 38, 1-29-2013)

A. At least ten days' notice of intention to abate and remove a vehicle or parts thereof, as a public nuisance shall be given.

B. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll, and to the last registered and legal owner, or owners, of record of the vehicle, unless it is in such condition that identification numbers are not available to determine ownership.

C. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

Notice mailed ________(date)

(Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Section 8.20.080 of the Napa County Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______, license number _______, which constitutes a public nuisance pursuant to the provisions of Chapter 8.20 of said Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the county and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. In lieu of removal you may abate the nuisance by completely enclosing the vehicle or parts within a building in a lawful manner where it is not visible from the highway or other public or private property or completely enclosing the vehicle or parts behind a solid six-foot fence constructed in a lawful manner so that it is not visible from the highway or other public or private properties.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the undersigned within such 10-day period, the designated officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, you may present a sworn written statement as aforesaid in time for consideration at such hearing.

s/___________(Designated Officer)

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

Notice mailed ________(date)

(Name and address of last registered and/or legal owner of record of vehicle—notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of vehicle—make, model, license, etc.), you are hereby notified that the undersigned pursuant to Section 8.20.080 of the Napa County Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 8.20 of said Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice. In lieu of removal you may abate the nuisance by completely enclosing the vehicle or parts within a building in a lawful manner where it is not visible from the highway or other public or private property or completely enclosing the vehicle or parts behind a solid six-foot fence constructed in a lawful manner so that it is not visible from the highway or other public or private properties.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the undersigned within such 10-day period, the designated officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

s/___________(Designated Officer)

D. A notice of intention to abate shall not be required if:

1. The landowner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof, or

2. All of the following conditions are satisfied:

a. The vehicle or parts thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed;

b. The vehicle or parts thereof is valued at less than two hundred dollars by the director or an appraiser designated by the director;

c. The director, sheriff, California Highway Patrol, or their designees have determined that the vehicle or parts thereof is a public nuisance presenting an immediate threat to public health or safety;

d. The owner of the land has signed a release authorizing the removal and waiving further interest in the vehicle or parts thereof; and

e. The vehicle or parts thereof is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

E. If a vehicle or parts thereof is removed pursuant to subsection (D)(2) of this section, prior to final disposition the registered and legal owner shall be provided mailed notice of the intent to dispose of the vehicle or parts thereof. If the vehicle or parts thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within twelve days after the notice to dispose of vehicle is mailed, final disposition may proceed.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4710)

(Ord. No. 1379, § 39, 1-29-2013)

A. If neither the legal or registered owner of the vehicle nor the owner of the land requests a hearing within ten days of mailing the notice of intention to abate and remove the vehicle, it may be abated and removed without a hearing.

B. The person designated as hearing officer pursuant to Section 8.20.050 shall direct such removal by issuance of an order subject to the conditions stated in subsection (A) of Section 8.20.130, excepting only the requirement for a hearing. Prior to removal, a written copy of the order shall be mailed or personally delivered to the office of the California Highway Patrol nearest to the location of the vehicle or parts thereof.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4711)

A. Upon request for a hearing by the owner of the vehicle or parts thereof or the owner of the land on which such vehicle or parts thereof is located, received by the director or the designated officer within ten days after the mailing of notice of intention to abate and remove the vehicle or parts thereof, a public hearing shall be held before the director, or the person designated by the director as the hearing officer, upon the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of administrative costs and the costs of removal of the vehicle or parts thereof against the property on which it is located.

B. If such landowner submits within such time period a sworn written statement denying responsibility for the presence of the vehicle on the land, this statement shall be construed as a request for hearing which does not require the presence of the landowner.

C. Notice of the hearing shall be mailed, by certified or registered mail, at least ten days before the hearing to the owner of the land and to the legal and registered owner(s) of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4712)

(Ord. No. 1379, § 40, 1-29-2013)

The hearing officer shall hear all pertinent facts and testimony. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on such private or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement, in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, with the owner's reasons for such denial.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4713)

A. The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. The hearing officer may delay the time for removal of the vehicle or parts thereof if circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property, and order the same removed as a public nuisance and disposed of as herein provided. In addition, the hearing officer shall decide whether administrative costs pursuant to Section 8.20.070 and the costs of removal are to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site.

B. If it is determined at the hearing that the vehicle or parts thereof was placed on the land without the consent of the landowner, and it is further determined that such landowner had not subsequently acquiesced in its presence, then the hearing officer shall not assess costs of administration of removal of the vehicle against the property upon which the vehicle is located, or otherwise attempt to collect such costs from such landowner.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4714)

Within forty-eight hours after conclusion of the hearing, the hearing officer shall adopt a written order of decision containing findings and stating the actions to be taken. Copies of such order shall be mailed to all interested parties, including anyone who filed a sworn written statement but did not appear at the hearing, and the office of the California Highway Patrol located nearest to the location of the vehicle or parts thereof.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4715)

Any interested party may appeal the decision of the hearing officer in the manner set forth in Chapter 2.88, except as modified herein. The appeal shall be commenced by filing a written notice of appeal with the clerk of the board of supervisors within five days after the mailing of notice of the decision. The clerk shall give written notice of the time and place of the hearing of the appeal to the appellant and those persons specified in Section 8.20.090. The appeal shall be heard within thirty days from the date the notice is filed by the board of supervisors, who may affirm, amend or reverse the decision, or take other action as deemed appropriate. The hearing on the appeal shall be heard de novo. No appeal may be taken from an order issued pursuant to Section 8.20.100. A copy of the decision on appeal shall be mailed to all interested parties, including anyone who filed a sworn written statement but did not appear at the hearing or appeal hearing, and the office of the California Highway Patrol located nearest to the location of the vehicle or parts thereof.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4716)

(Ord. No. 1465, § 18, 12-15-2020)

If the final administrative costs and costs of removal which are charged against the owner of a parcel of land pursuant to Section 8.20.130 are not paid within thirty days of a written demand for payment made by the hearing officer, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code, and the amount of such costs shall be transmitted to the tax collector of the county for collection. Such assessment shall have the same priority and treatment as the assessment of county taxes.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4717)

A. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such mailing of notice is required by Section 8.20.140, or fifteen days after the decision on appeal of the board of supervisors authorizing removal following an appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler's yard, or public disposal facility.

B. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

C. Pursuant to Vehicle Code Section 22661(c), neither the county nor any local agency, franchisee, or other contractor acting on behalf of the county shall be liable for damage caused to a vehicle or parts thereof by removal under this chapter.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 909 § 1, 1989: prior code § 4718)

The director or the director's designated appraiser is authorized to make appraisals of the value of vehicles for purposes of this chapter, and the director shall certify the name of such appraiser to the Department of Motor Vehicles in Sacramento. Such vehicle, before removal and disposal pursuant to this chapter, shall first be appraised. If such appraisal is not in excess of five hundred dollars, the director or the designated appraiser shall:

A. Within forty-eight hours after removal notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal of such vehicle;

B. Authorize disposal of the vehicle or parts thereof in accordance with the procedures for a "low-valued vehicle" prescribed by Article 2 of Chapter 10 of Division 11 of the California Vehicle Code (commencing at Section 22850).

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 934 § 1 (part), 1989: Ord. 446 § 1 (part), 1974: prior code § 4720)

(Ord. No. 1379, § 41, 1-29-2013)

If appraisal made pursuant to Section 8.20.180 is in excess of five hundred dollars, the vehicle or parts thereof shall be disposed of in accordance with the procedure set out in Article 2, Chapter 10, Division 11 (commencing with Section 22850) of the Vehicle Code for vehicles other than "low-valued" vehicles.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 934 § 1 (part), 1989: Ord. 446 § 1 (part), 1974: prior code § 4721)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given by the director of environmental management or the director's designee to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of ownership or title, and license plates.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4719)

A. It is unlawful and shall constitute a misdemeanor for any person to abandon, park, store or leave, or permit the abandonment, parking, storing or leaving of any vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property within the unincorporated area of the county for a period in excess of sixty days, unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle or parts thereof is completely enclosed behind a solid six-foot fence constructed in a lawful manner so it is not visible from the street or other public or private properties, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business.

B. It is unlawful and shall constitute a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter, or state law where state law is applicable.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4722)

Division III. Fire Protection